Nontraditional Family Member Gets Rent-Stabilized Apartment

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed that he was a nontraditional family member of tenant's and had succession rights to the apartment. The court ruled for occupant after trial. Occupant moved in with tenant in 2012. Tenant had been a friend of occupant's mother and they became very close when occupant's mother died and occupant moved in to help tenant with her daily activities. Occupant presented documents proving that he lived in the apartment for at least two years before tenant died and that he was her health care advocate and proxy. The court found that occupant and tenant had a deep undeniable emotional connection as well as a financial commitment. Occupant qualified for succession rights as a nontraditional family member.

Missouri Assets LLC v. Poinvil: Index No. 69307/2016, NYLJ No. 1529286767 (Civ. Ct. NY; 5/22/18; Katz, J)